Sec. 423.001.  DEFINITION.  In this chapter, "image" means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.

(a)  It is lawful to capture an image using an unmanned aircraft in this state:

(1)  for the purpose of professional or scholarly research and development or for another academic purpose by a person acting on behalf of an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code, including a person who:

(A)  is a professor, employee, or student of the institution; or

(B)  is under contract with or otherwise acting under the direction or on behalf of the institution;

(2)  in airspace designated as a test site or range authorized by the Federal Aviation Administration for the purpose of integrating unmanned aircraft systems into the national airspace;

(3)  as part of an operation, exercise, or mission of any branch of the United States military;

(4)  if the image is captured by a satellite for the purposes of mapping;

(5)  if the image is captured by or for an electric or natural gas utility or a telecommunications provider:

(A)  for operations and maintenance of utility or telecommunications facilities for the purpose of maintaining utility or telecommunications system reliability and integrity;

(B)  for inspecting utility or telecommunications facilities to determine repair, maintenance, or replacement needs during and after construction of such facilities;

(C)  for assessing vegetation growth for the purpose of maintaining clearances on utility or telecommunications easements; and

(D)  for utility or telecommunications facility routing and siting for the purpose of providing utility or telecommunications service;

(6)  with the consent of the individual who owns or lawfully occupies the real property captured in the image;

(7)  pursuant to a valid search or arrest warrant;

(8)  if the image is captured by a law enforcement authority or a person who is under contract with or otherwise acting under the direction or on behalf of a law enforcement authority:

(A)  in immediate pursuit of a person law enforcement officers have reasonable suspicion or probable cause to suspect has committed an offense, not including misdemeanors or offenses punishable by a fine only;

(B)  for the purpose of documenting a crime scene where an offense, not including misdemeanors or offenses punishable by a fine only, has been committed;

(C)  for the purpose of investigating the scene of:

(i)  a human fatality;

(ii)  a motor vehicle accident causing death or serious bodily injury to a person; or

(iii)  any motor vehicle accident on a state highway or federal interstate or highway;

(D)  in connection with the search for a missing person;

(E)  for the purpose of conducting a high-risk tactical operation that poses a threat to human life;

(F)  of private property that is generally open to the public where the property owner consents to law enforcement public safety responsibilities; or

(G)  of real property or a person on real property that is within 25 miles of the United States border for the sole purpose of ensuring border security;

(9)  if the image is captured by state or local law enforcement authorities, or a person who is under contract with or otherwise acting under the direction or on behalf of state authorities, for the purpose of:

(A)  surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared;

(B)  preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or

(C)  conducting routine air quality sampling and monitoring, as provided by state or local law;

(10)  at the scene of a spill, or a suspected spill, of hazardous materials;

(11)  for the purpose of fire suppression;

(12)  for the purpose of rescuing a person whose life or well-being is in imminent danger;

(13)  if the image is captured by a Texas licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;

(14)   from a height no more than eight feet above ground level in a public place, if the image was captured without using any electronic, mechanical, or other means to amplify the image beyond normal human perception;

(15)  of public real property or a person on that property;

(16)  if the image is captured by the owner or operator of an oil, gas, water, or other pipeline for the purpose of inspecting, maintaining, or repairing pipelines or other related facilities, and is captured without the intent to conduct surveillance on an individual or real property located in this state;

(17)  in connection with oil pipeline safety and rig protection;

(18)  in connection with port authority surveillance and security;

(19)  if the image is captured by a registered professional land surveyor in connection with the practice of professional surveying, as those terms are defined by Section 1071.002, Occupations Code, provided that no individual is identifiable in the image;

(20)  if the image is captured by a professional engineer licensed under Subchapter G, Chapter 1001, Occupations Code, in connection with the practice of engineering, as defined by Section 1001.003, Occupations Code, provided that no individual is identifiable in the image; or

(21)  if:

(A)  the image is captured by an employee of an insurance company or of an affiliate of the company in connection with the underwriting of an insurance policy, or the rating or adjusting of an insurance claim, regarding real property or a structure on real property; and

(B)  the operator of the unmanned aircraft is authorized by the Federal Aviation Administration to conduct operations within the airspace from which the image is captured.

(b)  This chapter does not apply to the manufacture, assembly, distribution, or sale of an unmanned aircraft.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 360 (H.B. 2167), Sec. 1, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 583 (S.B. 840), Sec. 1, eff. September 1, 2017.

(a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image.

(b)  An offense under this section is a Class C misdemeanor.

(c)  It is a defense to prosecution under this section that the person destroyed the image:

(1)  as soon as the person had knowledge that the image was captured in violation of this section; and

(2)  without disclosing, displaying, or distributing the image to a third party.

(d)  In this section, "intent" has the meaning assigned by Section 6.03, Penal Code.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.

(a) A person commits an offense if the person:

(1)  captures an image in violation of Section 423.003; and

(2)  possesses, discloses, displays, distributes, or otherwise uses that image.

(b)  An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.

(c)  Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.

(d)  It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.

(e)  It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.

(a)  In this section:

(1)  "Correctional facility" means:

(A)  a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;

(B)  a municipal or county jail;

(C)  a confinement facility operated by or under contract with the Federal Bureau of Prisons; or

(D)  a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.

(1-a)  "Critical infrastructure facility" means:

(A)  one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

(i)  a petroleum or alumina refinery;

(ii)  an electrical power generating facility, substation, switching station, or electrical control center;

(iii)  a chemical, polymer, or rubber manufacturing facility;

(iv)  a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(v)  a natural gas compressor station;

(vi)  a liquid natural gas terminal or storage facility;

(vii)  a telecommunications central switching office or any structure used as part of a system to provide wired or wireless telecommunications services;

(viii)  a port, a public or private airport depicted in any current aeronautical chart published by the Federal Aviation Administration, a railroad switching yard, a trucking terminal, or any other freight transportation facility;

(ix)  a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

(x)  a transmission facility used by a federally licensed radio or television station;

(xi)  a steelmaking facility that uses an electric arc furnace to make steel;

(xii)  a dam that is classified as a high hazard by the Texas Commission on Environmental Quality;

(xiii)  a concentrated animal feeding operation, as defined by Section 26.048, Water Code; or

(xiv)  a military installation owned or operated by or for the federal government, the state, or another governmental entity; or

(B)  if enclosed by a fence or other physical barrier obviously designed to exclude intruders:

(i)  any portion of an aboveground oil, gas, or chemical pipeline;

(ii)  an oil or gas drilling site;

(iii)  a group of tanks used to store crude oil, such as a tank battery;

(iv)  an oil, gas, or chemical production facility;

(v)  an oil or gas wellhead; or

(vi)  any oil and gas facility that has an active flare.

(2)  "Dam" means any barrier, including any appurtenant structures, that is constructed for the purpose of permanently or temporarily impounding water.

(3)  "Detention facility" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.

(b)  A person commits an offense if the person intentionally or knowingly:

(1)  operates an unmanned aircraft over a correctional facility, detention facility, or critical infrastructure facility and the unmanned aircraft is not higher than 400 feet above ground level;

(2)  allows an unmanned aircraft to make contact with a correctional facility, detention facility, or critical infrastructure facility, including any person or object on the premises of or within the facility; or

(3)  allows an unmanned aircraft to come within a distance of a correctional facility, detention facility, or critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

(c)  This section does not apply to:

(1)  conduct described by Subsection (b) that involves a correctional facility, detention facility, or critical infrastructure facility and is committed by:

(A)  the federal government, the state, or a governmental entity;

(B)  a person under contract with or otherwise acting under the direction or on behalf of the federal government, the state, or a governmental entity;

(C)  a law enforcement agency;

(D)  a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency; or

(E)  an operator of an unmanned aircraft that is being used for a commercial purpose, if the operation is conducted in compliance with:

(i)  each applicable Federal Aviation Administration rule, restriction, or exemption; and

(ii)  all required Federal Aviation Administration authorizations; or

(2)  conduct described by Subsection (b) that involves a critical infrastructure facility and is committed by:

(A)  an owner or operator of the critical infrastructure facility;

(B)  a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the critical infrastructure facility;

(C)  a person who has the prior written consent of the owner or operator of the critical infrastructure facility; or

(D)  the owner or occupant of the property on which the critical infrastructure facility is located or a person who has the prior written consent of the owner or occupant of that property.

(d)  An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section or Section 423.0046.

Added by Acts 2015, 84th Leg., R.S., Ch. 1033 (H.B. 1481), Sec. 1, eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 824 (H.B. 1643), Sec. 1, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 824 (H.B. 1643), Sec. 2, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1010 (H.B. 1424), Sec. 1, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1010 (H.B. 1424), Sec. 2, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1010 (H.B. 1424), Sec. 3, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.011(a), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.011(b), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.012, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 3, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 4, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 538 (S.B. 149), Sec. 1, eff. September 1, 2021.

(a)  In this section, "sports venue" means an arena, automobile racetrack, coliseum, stadium, or other type of area or facility that:

(1)  has a seating capacity of 30,000 or more people; and

(2)  is primarily used for one or more professional or amateur sports or athletics events.

(b)  A person commits an offense if the person intentionally or knowingly operates an unmanned aircraft over a sports venue and the unmanned aircraft is not higher than 400 feet above ground level.

(c)  This section does not apply to conduct described by Subsection (b) that is committed by:

(1)  the federal government, the state, or a governmental entity;

(2)  a person under contract with or otherwise acting under the direction or on behalf of the federal government, the state, or a governmental entity;

(3)  a law enforcement agency;

(4)  a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;

(5)  an operator of an unmanned aircraft that is being used for a commercial purpose, if the operation is conducted in compliance with:

(A)  each applicable Federal Aviation Administration rule, restriction, or exemption; and

(B)  all required Federal Aviation Administration authorizations;

(6)  an owner or operator of the sports venue;

(7)  a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the sports venue; or

(8)  a person who has the prior written consent of the owner or operator of the sports venue.

(d)  An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section or Section 423.0045.

Added by Acts 2017, 85th Leg., R.S., Ch. 1010 (H.B. 1424), Sec. 4, eff. September 1, 2017.

(a)  Except as otherwise provided by Subsection (b), an image captured in violation of Section 423.003, or an image captured by an unmanned aircraft that was incidental to the lawful capturing of an image:

(1)  may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;

(2)  is not subject to disclosure, inspection, or copying under Chapter 552; and

(3)  is not subject to discovery, subpoena, or other means of legal compulsion for its release.

(b)  An image described by Subsection (a) may be disclosed and used as evidence to prove a violation of this chapter and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.

(a)  An owner or tenant of privately owned real property located in this state may bring against a person who, in violation of Section 423.003, captured an image of the property or the owner or tenant while on the property an action to:

(1)  enjoin a violation or imminent violation of Section 423.003 or 423.004;

(2)  recover a civil penalty of:

(A)  $5,000 for all images captured in a single episode in violation of Section 423.003; or

(B)  $10,000 for disclosure, display, distribution, or other use of any images captured in a single episode in violation of Section 423.004; or

(3)  recover actual damages if the person who captured the image in violation of Section 423.003 discloses, displays, or distributes the image with malice.

(b)  For purposes of recovering the civil penalty or actual damages under Subsection (a), all owners of a parcel of real property are considered to be a single owner and all tenants of a parcel of real property are considered to be a single tenant.

(c)  In this section, "malice" has the meaning assigned by Section 41.001, Civil Practice and Remedies Code.

(d)  In addition to any civil penalties authorized under this section, the court shall award court costs and reasonable attorney's fees to the prevailing party.

(e)  Venue for an action under this section is governed by Chapter 15, Civil Practice and Remedies Code.

(f)  An action brought under this section must be commenced within two years from the date the image was:

(1)  captured in violation of Section 423.003; or

(2)  initially disclosed, displayed, distributed, or otherwise used in violation of Section 423.004.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.

The Department of Public Safety shall adopt rules and guidelines for use of an unmanned aircraft by a law enforcement authority in this state.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.

(a) Not earlier than January 1 and not later than January 15 of each odd-numbered year, each state law enforcement agency and each county or municipal law enforcement agency located in a county or municipality, as applicable, with a population greater than 150,000, that used or operated an unmanned aircraft during the preceding 24 months shall issue a written report to the governor, the lieutenant governor, and each member of the legislature and shall:

(1)  retain the report for public viewing; and

(2)  post the report on the law enforcement agency's publicly accessible website, if one exists.

(b)  The report must include:

(1)  the number of times an unmanned aircraft was used, organized by date, time, location, and the types of incidents and types of justification for the use;

(2)  the number of criminal investigations aided by the use of an unmanned aircraft and a description of how the unmanned aircraft aided each investigation;

(3)  the number of times an unmanned aircraft was used for a law enforcement operation other than a criminal investigation, the dates and locations of those operations, and a description of how the unmanned aircraft aided each operation;

(4)  the type of information collected on an individual, residence, property, or area that was not the subject of a law enforcement operation and the frequency of the collection of this information; and

(5)  the total cost of acquiring, maintaining, repairing, and operating or otherwise using each unmanned aircraft for the preceding 24 months.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.

 (a)  In this section:

(1)  "Political subdivision" includes a county, a joint board created under Section 22.074, Transportation Code, and a municipality.

(2)  "Special event" means a festival, celebration, or other gathering that:

(A)  involves:

(i)  the reservation and temporary use of all or a portion of a public park, road, or other property of a political subdivision; and

(ii)  entertainment, the sale of merchandise, food, or beverages, or mass participation in a sports event; and

(B)  requires a significant use or coordination of a political subdivision's services.

(b)  Except as provided by Subsection (c), a political subdivision may not adopt or enforce any ordinance, order, or other similar measure regarding the operation of an unmanned aircraft.

(c)  A political subdivision may adopt and enforce an ordinance, order, or other similar measure regarding:

(1)  the use of an unmanned aircraft during a special event;

(2)  the political subdivision's use of an unmanned aircraft; or

(3)  the use of an unmanned aircraft near a facility or infrastructure owned by the political subdivision, if the political subdivision:

(A)  applies for and receives authorization from the Federal Aviation Administration to adopt the regulation; and

(B)  after providing reasonable notice, holds a public hearing on the political subdivision's intent to apply for the authorization.

(d)  An ordinance, order, or other similar measure that violates Subsection (b) is void and unenforceable.

Added by Acts 2017, 85th Leg., R.S., Ch. 824 (H.B. 1643), Sec. 3, eff. September 1, 2017.

(a) In this section:

(1) “Female breast” means any portion of the female breast below the top of the areola.

(2) “Intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.

(3) “Changing room” means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.

(4) “Promote” has the meaning assigned by Section 43.21 .

(b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:

(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;

(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room;  or

(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).

(c) An offense under this section is a state jail felony.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.

(a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

(3) creates, by chemical means, a noxious and unreasonable odor in a public place;

(4) abuses or threatens a person in a public place in an obviously offensive manner;

(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code , or in or near a private residence that he has no right to occupy;

(6) fights with another in a public place;

(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code ;

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(9) discharges a firearm on or across a public road;

(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act;  or

(11) for a lewd or unlawful purpose:

(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room;  or

(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

(a-1) For purposes of Subsection (a), the term “public place” includes a public school campus or the school grounds on which a public school is located.

(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.

(c) For purposes of this section:

(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence;  and

(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code .

(f) Subsections (a)(1), (2), (3), (5), and (6) do not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours.

(g) Noise arising from space flight activities, as defined by Section 100A.001, Civil Practice and Remedies Code , if lawfully conducted, does not constitute “unreasonable noise” for purposes of this section.

(a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.

(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.

(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.

(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

(a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.

(b) An offense under this section is a Class C misdemeanor.

(a) A person commits an offense if, without the effective consent of the owner:

(1) he intentionally or knowingly damages or destroys the tangible property of the owner;

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person;  or

(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

(b) Except as provided by Subsections (f) and (h), an offense under this section is:

(1) a Class C misdemeanor if:

(A) the amount of pecuniary loss is less than $100;  or

(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;

(3) a Class A misdemeanor if:

(A) the amount of pecuniary loss is $750 or more but less than $2,500;  or

(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;

(4) a state jail felony if the amount of pecuniary loss is:

(A) $2,500 or more but less than $30,000;

(B) less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

(C) less than $2,500, if the property was a fence used for the production or containment of:

(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry;  or

(ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code ;  or

(D) less than $30,000 and the actor:

(i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service;  or

(ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

(5) a felony of the third degree if:

(A) the amount of the pecuniary loss is $30,000 or more but less than $150,000;  or

(B) the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses;

(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000;  or

(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more.

(c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been:

(1) diverted from passing through a metering device;  or

(2) prevented from being correctly registered by a metering device;  or

(3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.

(d) The terms “public communication, public transportation, public gas or power supply, or other public service” and “public water supply” shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.

(e) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.

(f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.

(g) In this section:

(1) “Explosive weapon” means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes:

(A) an explosive or incendiary bomb, grenade, rocket, and mine;

(B) a device designed, made, or adapted for delivering or shooting an explosive weapon;  and

(C) a device designed, made, or adapted to start a fire in a time-delayed manner.

(2) “Firearm” has the meaning assigned by Section 46.01 .

(3) “Institution of higher education” has the meaning assigned by Section 61.003, Education Code .

(4) “Aluminum wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable.

(5) “Bronze wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent bronze, including any tubing or conduit attached to the wire or cable.

(6) “Copper wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable.

(7) “Transportation communications equipment” means:

(A) an official traffic-control device, railroad sign or signal, or traffic-control signal, as those terms are defined by Section 541.304, Transportation Code ;  or

(B) a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train, as defined by Section 541.202, Transportation Code .

(8) “Transportation communications device” means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring.

(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.

(i) Notwithstanding Subsection (b), an offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by Section 161.041(a), Agriculture Code .  In this subsection, “livestock” has the meaning assigned by Section 161.001, Agriculture Code .

(j) Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if:

(1) the tangible property damaged, destroyed, or tampered with is transportation communications equipment or a transportation communications device;  and

(2) the amount of the pecuniary loss to the tangible property is less than $150,000.

(k) Subsection (a)(1) or (2) does not apply if the tangible personal property of the owner was a head of cattle or bison killed, or a horse killed, in the course of the actor's:

(1) actual discharge of official duties as a member of the United States armed forces or the state military forces as defined by Section 437.001, Government Code ;  or

(2) regular agricultural labor duties and practices.

(a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;  

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse;  or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:

(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b) , 71.003 , or 71.005, Family Code , if:

(A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03 , 20.04 , 21.11 , or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b) , 71.003 , or 71.005, Family Code ;  or

(B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth;

(3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code , or Section 51.02(13) or (14), Family Code , or an employee of that person:

(A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service;  or

(B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract;

(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer;

(5) a person the actor knows is emergency services personnel while the person is providing emergency services;  

(6) a pregnant individual to force the individual to have an abortion;  or

(7) a person the actor knows is pregnant at the time of the offense.

(b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed:

(1) while the actor is committed to a civil commitment facility;  and

(2) against:

(A) an officer or employee of the Texas Civil Commitment Office:

(i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility;  or

(ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee;  or

(B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person:

(i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service;  or

(ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract.

(b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.

(b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if:

(1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b) , 71.003 , or 71.005, Family Code ;

(2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03 , 20.04 , or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b) , 71.003 , or 71.005, Family Code ;  and

(3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth.

(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is:

(1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04 ;

(2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:

(A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant;  or

(B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant;  or

(3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion.

(d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel.

(e) In this section:

(1) “Emergency services personnel” includes firefighters, emergency medical services personnel as defined by Section 773. 003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.

(2) Repealed by Acts 2005, 79th Leg., ch. 788, § 6.

(3) “Security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code , or a noncommissioned security officer registered under Section 1702.221, Occupations Code .

(4) “Sports participant” means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.

(f) For the purposes of Subsections (b)(2)(A) and (b-3)(2):

(1) a defendant has been previously convicted of an offense listed in those subsections committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b) , 71.003 , or 71.005, Family Code , if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision;  and

(2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed.

(g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.

(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

(1) one or more individuals;  or

(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

(d) For purposes of this section, “building,” “habitation,” and “vehicle” have the meanings assigned those terms by Section 30.01 .

(e) An offense under Subsection (a) is a Class A misdemeanor.  An offense under Subsection (b) is a felony of the third degree.

(a) A person commits an offense if:

(1) the person intentionally directs a light from a laser pointer or other light source at an aircraft;  and

(2) the light has an intensity sufficient to impair the operator's ability to control the aircraft.

(b) It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency distress signal.

(c) An offense under this section is a Class C misdemeanor unless the intensity of the light impairs the operator's ability to control the aircraft, in which event the offense is a Class A misdemeanor.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

(e) In this section, “laser pointer” has the meaning assigned by Section 42.13 .

(a) A person commits an offense if the person is intoxicated while operating an aircraft.

(b) Except as provided by Section 49.09 , an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) lawfully arrested the person;

(2) lawfully detained the person;  or

(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

(c) Except as provided by Subsections (d) and (e), an offense under this section is:

(1) a Class C misdemeanor if the offense is committed under Subsection (a);  or

(2) a Class B misdemeanor if the offense is committed under Subsection (b).

(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:

(1) a Class B misdemeanor if the offense is committed under Subsection (a);  or

(2) a Class A misdemeanor if the offense is committed under Subsection (b).

(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code , the actor may be prosecuted only under Section 106.07 .

Sec. 9.54.  LIMITATION ON USE OF FORCE BY DRONE.  (a)  In this section:

(1)  "Autonomous drone" means a drone that operates autonomously through computer software or other programming.

(2)  "Drone" and "law enforcement agency" have the meanings assigned by Article 2.33, Code of Criminal Procedure.

(b)  Notwithstanding any other law, the use of force, including deadly force, involving a drone is justified under this subchapter only if:

(1)  at the time the use of force occurred, the actor was employed by a law enforcement agency;

(2)  the use of force:

(A)  would have been justified under another provision of this subchapter; and

(B)  did not involve the use of deadly force by means of an autonomous drone; and

(3)  before the use of force occurred, the law enforcement agency employing the actor adopted and submitted to the Texas Commission on Law Enforcement a policy on the agency's use of force by means of a drone, as required by Article 2.33, Code of Criminal Procedure, and the use of force conformed to the requirements of that policy.

Added by Acts 2021, 87th Leg., R.S., Ch. 1011 (H.B. 1758), Sec. 2, eff. September 1, 2021.

(a)Whoever willfully—

(1)sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce;

(2)places or causes to be placed a destructive device or substance in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any such aircraft, or any part or other materials used or intended to be used in connection with the operation of such aircraft, if such placing or causing to be placed or such making or causing to be made is likely to endanger the safety of any such aircraft;

(3)sets fire to, damages, destroys, or disables any air navigation facility, or interferes by force or violence with the operation of such facility, if such fire, damaging, destroying, disabling, or interfering is likely to endanger the safety of any such aircraft in flight;

(4)with the intent to damage, destroy, or disable any such aircraft, sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance or structure, ramp, landing area, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft;

(5)interferes with or disables, with intent to endanger the safety of any person or with a reckless disregard for the safety of human life, anyone engaged in the authorized operation of such aircraft or any air navigation facility aiding in the navigation of any such aircraft;

(6)performs an act of violence against or incapacitates any individual on any such aircraft, if such act of violence or incapacitation is likely to endanger the safety of such aircraft;

(7)communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any such aircraft in flight; or

(8)attempts or conspires to do anything prohibited under paragraphs (1) through (7) of this subsection;

shall be fined under this title or imprisoned not more than twenty years or both.

(b)Whoever willfully—

(1)performs an act of violence against any individual on board any civil aircraft registered in a country other than the United States while such aircraft is in flight, if such act is likely to endanger the safety of that aircraft;

(2)destroys a civil aircraft registered in a country other than the United States while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft’s safety in flight;

(3)places or causes to be placed on a civil aircraft registered in a country other than the United States while such aircraft is in service, a device or substance which is likely to destroy that aircraft, or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft’s safety in flight; or

(4)attempts or conspires to commit an offense described in paragraphs (1) through (3) of this subsection;

shall be fined under this title or imprisoned not more than twenty years, or both. There is jurisdiction over an offense under this subsection if a national of the United States was on board, or would have been on board, the aircraft; an offender is a national of the United States; or an offender is afterwards found in the United States. For purposes of this subsection, the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act.

(c)Whoever willfully imparts or conveys any threat to do an act which would violate any of paragraphs (1) through (6) of subsection (a) or any of paragraphs (1) through (3) of subsection (b) of this section, with an apparent determination and will to carry the threat into execution shall be fined under this title or imprisoned not more than five years, or both.

(Added July 14, 1956, ch. 595, § 1, 70 Stat. 539; amended Pub. L. 98–473, title II, § 2013(b), Oct. 12, 1984, 98 Stat. 2187; Pub. L. 100–690, title VII, § 7016, Nov. 18, 1988, 102 Stat. 4395; Pub. L. 103–322, title XXXIII, § 330016(1)(O), (S), Sept. 13, 1994, 108 Stat. 2148; Pub. L. 104–132, title VII, §§ 721(b), 723(a)(1), Apr. 24, 1996, 110 Stat. 1298, 1300; Pub. L. 109–177, title I, § 123, Mar. 9, 2006, 120 Stat. 226.)

Sec. 24.001.  DEFINITIONS.  In this subchapter:

(1)  "Aircraft" means a device that is invented, used, or designated for air navigation or flight, other than a parachute or other device used primarily as safety equipment.

(2)  "Airman" means:

(A)  a person, including the person in command of an aircraft or a pilot, mechanic, or member of the crew, who engages in the navigation of an aircraft while under way;  or

(B)  the person who is in charge of the inspection, overhaul, or repair of an aircraft.

(3)  "Airman certificate" means a certificate issued to an airman under 49 U.S.C. Section 1422.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.003.  OPERATION OF AIRCRAFT WITHOUT AIRMAN CERTIFICATE;  OFFENSE.  (a)  A person commits an offense if the person:

(1)  navigates an aircraft in this state without an airman certificate;  or

(2)  serves as an airman in connection with an aircraft flown or operated in this state without an airman certificate.

(b)  An offense under Subsection (a) is a misdemeanor punishable by:

(1)  a fine of not less than $100 and not more than $500;

(2)  confinement in county jail for not less than 30 days and not more than six months;  or

(3)  both the fine and the confinement.

(c)  It is a defense to prosecution under this section that the person could be prosecuted under the laws or regulations of the United States for the alleged violation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.004.  INSPECTION OF AIRMAN CERTIFICATE.  A person holding an airman certificate shall keep the certificate in the person's possession when the person is operating an aircraft within this state or serving in connection with an aircraft flown or operated in this state.  The person shall present the certificate for inspection on the demand of:

(1)  a passenger;

(2)  a peace officer of this state;  or

(3)  an official, manager, or person in charge of an airport or landing field in this state on which the person lands an aircraft or performs a service.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.005.  AIRCRAFT LICENSURE AND REGISTRATION.  A person may not navigate an aircraft in this state, whether for commercial, pleasure, or noncommercial purposes, unless the aircraft is licensed and registered in the manner provided by the Federal Aviation Administration.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.011.  FAILURE TO REGISTER AIRCRAFT;  OFFENSE.  (a)  A person commits an offense if the person operates or navigates an aircraft that the person knows is not properly registered under Federal Aviation Administration aircraft registration regulations, 14 C.F.R. Part 47, as those regulations existed on September 1, 1985.

(b)  An offense under Subsection (a) is a felony of the third degree.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.012.  AIRCRAFT IDENTIFICATION NUMBERS;  OFFENSE.  (a)  The failure to have the aircraft identification numbers clearly displayed on an aircraft in compliance with federal aviation regulations is probable cause for a peace officer to further inspect the aircraft to determine the identity of the owner of the aircraft.

(b)  A peace officer may inspect an aircraft under Subsection (a) if the aircraft is located on public property or on private property if the officer has the consent of the property owner.

(c)  A person commits an offense if the person operates an aircraft that the person knows does not have aircraft identification numbers that comply with federal aviation regulations.

(d)  An offense under Subsection (c) is a felony of the third degree.

(e)  In this section, "federal aviation regulations" means the regulations adopted by the Federal Aviation Administration regarding identification and registration marking, 14 C.F.R. Part 45, as those regulations existed on September 1, 1985, except a regulation in existence on September 1, 1985, that is inconsistent with a regulation adopted after that date.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. USE OF PUBLIC ROADS BY AIRCRAFT

Sec. 24.021.  TAKING OFF, LANDING, OR MANEUVERING AIRCRAFT ON HIGHWAYS, ROADS, OR STREETS;  OFFENSE.  (a)  A person commits an offense if the person takes off, lands, or maneuvers an aircraft, whether heavier or lighter than air, on a public highway, road, or street except:

(1)  when necessary to prevent serious injury to a person or property;

(2)  during or within a reasonable time after an emergency;  or

(3)  as provided by Section 24.022.

(b)  An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 and not more than $200.

(c)  The procedure prescribed by Section 543.003 applies to a violation of this section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.04, eff. Sept. 1, 1997.

An unmanned aerial vehicle may not be operated in or over state property including land and buildings in the Capitol Complex as defined by Government Code, §411.061 unless authorized as provided under §8.22 of this title (relating to Limited Use Authorization to Operate Unmanned Aerial Vehicles).

(a) Capitol grounds. An unmanned aerial vehicle may be operated in or over the capitol grounds if advance limited use authorization has been obtained from the State Preservation Board. The operator shall comply with all terms of the limited use authorization in operating the vehicle. Authorization from the State Preservation Board extends only to the capitol grounds area and does not extend to the Capitol Complex.

(b) Capitol Complex area. An unmanned aerial vehicle may be operated in or over the Capitol Complex area if advance limited use authorization has been obtained from the Texas Facilities Commission. The operator shall comply with all terms of the limited use authorization in operating the vehicle. Authorization from the Texas Facilities Commission extends only to the Capitol Complex area and does not extend to the capitol grounds.

(c) Other authorizations. An unmanned aerial vehicle may be operated within the Capitol Complex by:

  (1) a law enforcement agency or person operating under contract with a law enforcement agency; or

  (2) any state, federal, or local government agency or contractor for that agency that is using the unmanned aerial vehicle to perform a governmental function.

(d) Flight operations. Prior to operating an unmanned aerial vehicle, as authorized under a limited use authorization or other authorization, the operator shall contact the department Capitol Complex headquarters to schedule the flight operation. During operations the pilot of the unmanned aerial vehicle shall possess and present the authorization upon request to any personnel of the department, Texas Facilities Commission, or State Preservation Board.

(a) A person who holds an AMP is authorized to engage in the management of wildlife and exotic animals by the use of aircraft only on the tract(s) of land specified in the LOA. The AMP must be carried in an aircraft when the aircraft is engaged in activities authorized by the AMP.

(b) A pilot of an aircraft used for the management of wildlife or exotic animals must maintain, on a daily basis, a flight log and report. The daily flight log must be current and available for inspection by game wardens at reasonable times. Each AMP holder and pilot shall comply with all FAA regulations for the specific type of aircraft listed on their AMP.

(c) It is lawful for a person who holds an AMP to contract with a qualified Landowner, Agent, or Subagent to act as a gunner the taking of depredating feral hogs or coyotes from a helicopter, provided:

  (1) the contract is in writing and signed by the Landowner or Agent;

  (2) a department-approved Subagent authorization form has been properly executed and is in the physical possession of the Subagent during all AMP activities in which the Subagent participates; and

  (3) the AMP holder possesses a valid, properly executed LOA.

(d) A person (which includes a pilot, applicant, gunner, observer, or Subagent) commits an offense if:

  (1) the person counts, photographs, relocates, captures, hunts, or takes or attempts to count, photograph, relocate, capture, hunt, or take from an aircraft any wildlife or exotic animals other than wildlife or exotic animals authorized by the AMP and LOA;

  (2) the person intentionally harasses any wildlife or exotic animals by the use of an aircraft other than wildlife or exotic animals authorized in an AMP and LOA;

  (3) the person participates in the take or attempted take of any wildlife or exotic animal other than depredating feral hogs or coyotes without having on his or her person a valid hunting license issued by the department;

  (4) the person pilots an aircraft to manage wildlife or exotic animals without a valid pilot's license as required by the FAA;

  (5) the person pays, barters, or exchanges anything of value to participate as a gunner, observer, or Subagent except as may be otherwise provided in this subchapter;

  (6) the person acting as a gunner or pilot under an AMP takes or attempts to take any wildlife or exotic animals for any purpose other than is necessary to protect or to aid in the administration of lands, water, wildlife, livestock, domesticated animals, human life, or crops, except that any wildlife or exotic animals, once lawfully taken pursuant to this subchapter may be sold if their sale is not otherwise prohibited;

  (7) the person acting as a gunner or pilot takes or attempts to take wildlife or exotic animals during the hours between 1/2-hour after sunset and 1/2-hour before sunrise;

  (8) the person operates an aircraft for the management of wildlife or exotic animals and is not named as an authorized pilot by an AMP;

  (9) the person takes, kills, captures, or attempts to take, kill, or capture more wildlife or exotic animals on properties than are specified in the LOA;

  (10) the person uses an AMP for the purpose of sport hunting;

  (11) the person is engaging in AMP activities and pilots an aircraft over land for which the person has not received written permission to overfly, except as is necessary to gain initial access to the land described in the LOA prior to commencing AMP activities and to leave following the conclusion of AMP activities; or

  (12) the person otherwise violates a provision of this subchapter.

(e) These rules do not exempt any person from the requirement for other licenses or permits required by statute or rule of the commission.

(f) The department may waive the fee requirements of this subchapter for an employee of a governmental entity acting in the scope and course of official duties.

(g) The department will not approve an LOA for the take of feral hogs on a tract of land where feral hogs have been released or liberated by or with the approval of the Landowner or Agent for the purpose of being hunted.

(a) In this article:

(1) "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that:

(A) is controlled remotely by a human operator; or

(B) operates autonomously through computer software or other programming.

(2) "Law enforcement agency" means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.

(b) Each law enforcement agency that uses or intends to use a drone for law enforcement purposes shall:

(1) adopt a written policy regarding the agency's use of force by means of a drone, before the agency first uses a drone, and update the policy as necessary; and

(2) not later than January 1 of each even-numbered year, submit the policy to the Texas Commission on Law Enforcement in the manner prescribed by the commission.

Tex. Code Crim. Proc. § 2.33

Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. TBD,Sec. 1, eff. 6/18/2021.

See Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. TBD, Sec. 3.